Permit Application and Application Review

Why does SWCAA regulate air contaminant emissions?

SWCAA regulates air contaminant emissions in order to keep our air clean and healthy. Prolonged exposure to certain
air contaminants has been shown to adversely impact human health. In addition, high levels of air contaminants can cause
crop damage and deterioration of natural resources. SWCAA's regulations, policies, and programs are designed to maintain
air quality standards, protect human health, prevent injury to plant and animal life, and protect the area's scenic views
for current and future generations.

What authority does SWCAA have to regulate air contaminant emissions?

SWCAA's legal authority can be found in
the Washington Clean Air Act (RCW 70.94). SWCAA's regulatory authority
has been directly delegated by the U.S. Environmental Protection
Agency [U.S. Clean Air Act (42 USC 7401 et seq.)] and the Washington
State Department of Ecology. SWCAA has adopted regulations for the
control of air contaminant emissions, including toxic air contaminants,
substances for which primary and secondary National Ambient Air
Quality Standards (NAAQS) have been established, and volatile organic
compounds.

What is a Permit Application?

A Permit Application is the document or
form used by SWCAA to record and track requests from individual
sources, registered and non-registered, for the purpose of obtaining
information regarding proposed changes (equipment or processes)
at an air contaminant source. Information which the source wants
to be handled as confidential must be identified and handled in
accordance with provisions of SWCAA 400-270 "Confidentiality
of Records and Information." A fee consistent with the fee
schedule provided in SWCAA 400-1 10 must be submitted with the Permit
Application prior to review by SWCAA.

When is a Permit Application required?

A Permit Application must be submitted for
all new installations and for modifications of existing process
and emission control equipment. Examples of situations which require
submission of a Permit Application are described in SWCAA 400-109(3)
"Types of Applications." SWCAA evaluates each application
as it is received, and must make a completeness determination in
writing within 30 calendars of receipt. Incomplete applications
require the submission of additional information prior to further
review.

What is considered a "new source" of air contaminant emissions?

A "new source" of air contaminant
emissions is defined as one of the following:

The construction or modification of a
stationary source that increases the amount of any air contaminant
emitted by such source or that results in the emissions o any
air contaminant not previously emitted;

Any other project that constitutes a
new source under the Federal Clean Air Act;

Restart of a stationary source after
a lapse of one year or more in payment of registration fees or
operating permit fees; or

Restart of a stationary source after
a period of five years of non-operation where registration or
operating permit fees have been paid.

Construction or modification of a source
that does not increase the amount of any air contaminant emitted
by the source and does not result in emission of any air contaminant
not previously emitted is not considered a "new source."
However, modification or alteration of existing sources which does
not constitute a new source (i.e., there is a net decrease in emissions)
may still be subject to review and approval by SWCAA if the project
involves modification of emitting equipment or emission control
technology.

How are Permit Applications reviewed and approved?

SWCAA's Permit Application review program
requires proposed new sources and modifications of existing sources
to demonstrate that all applicable emission standards have been
met prior to approval. Examples of applicable emissions standards
include, but are not limited to: Reasonably Available Control Technology
(RACT), Best Available Control Technology (BACT), Lowest Achievable
Emission Rate (LAER), Maximum Available Control Technology (MACT),
New Source Performance Standards (NSPS), National Emission Standards
for Hazardous Air Pollutants (NESHAP), and ambient air quality standards.
The review program uses information submitted in a Permit Application
as the basis for determining whether applicable emission standards
have been met. The Washington Clean Air Act requires all new sources
and modifications which increase emissions to employ BACT. Where
there is no increase in emissions, existing sources must employ
RACT. SWCAA is required to issue a final decision on an application
within sixty calendar days of receipt of a completed Permit Application.
For those projects subject to public notice, SWCAA issues a preliminary
determination and initiates notice and public comment procedures
pursuant with SWCAA 400-171, followed as promptly as possible by
a final decision. Final decisions are issued in the form of a regulatory
order as described in SWCAA 400-230.

Can final determinations made by SWCAA be appealed?

Any decision or regulatory order issued
by SWCAA may be appealed to the Board of Directors as provided in
SWCAA 400-250 "Appeals" or appealed directly to the Pollution
Control Hearings Board as provided in RCW 43.21B and WAC 371-08.

Are there other permits I might need for my facility?

While SWCAA permits only those facilities
that emit or has the potential to emit pollutants to the atmosphere,
you might need other environmental permits for your facility.

Permits

This page explains why one or more permits may be needed for your facility.